Framingham to Allow South Middlesex Realty Group, LLC to Proceed with its
Applications to The Planning Board to Construct Up to 24 units of Active Adult
Housing at 45 Nixon Road

Framingham, MA – On Friday, January 10, 2020, Framingham Mayor Yvonne M. Spicer
released her Decision upon Findings allowing South Middlesex Realty Group, LLC
(“SMRG”) to proceed with its applications to the Planning Board to construct up
to 24 units of Active Adult Housing at 45 Nixon Road, Framingham provided that
the applicant complies with all future performance and technical requirements
that may be issued by the Planning Board, Board of Health and other agencies
and authorities with permitting or oversight jurisdiction.

The Mayor’s Decision, issued after two well-attended public hearings on October
7, 2019, and December 20, 2019, requires that, in addition to seeking required
approvals from City Boards, SMRG seek permission from the owners of 23
Dartmouth Drive, 25 Dartmouth Drive, 39 Nixon Road, 40 Nixon Road, 41 Nixon
Road, 47 Nixon Road, and 50 Nixon Road to monitor their drinking water wells
annually for as long as groundwater is used to supply SMRG’s proposed
development.

SMRG request that the Mayor allow a well or septic system on the site, was made
pursuant to Framingham Zoning Bylaws [Active Adult Housing] Article V.I.4.d in
effect prior to April 16, 2019. The Mayor determined, after reviewing all of
the submissions at the hearing and listening to the presentations of the
applicant and comments and concerns expressed by the residents, that this
approval, again subject to compliance with all future performance and technical
requirements that may be issued by the Planning Board, Board of Health and
other agencies or authorities with permitting or oversight jurisdiction, is in
the best interests of the residents of Framingham.

The full Decision can be found HERE.

I guess I am still living in the 20th century. What in the world does
the Mayor have to do with Zoning decisions?

On 1/10/2020 3:05 PM, Kathy Vassar wrote:
>
> Framingham to Allow South Middlesex Realty Group, LLC to Proceed with its
Applications to The Planning Board to Construct Up to 24 units of Active Adult
Housing at 45 Nixon Road
>
> Framingham, MA – On Friday, January 10, 2020, Framingham Mayor Yvonne M.
Spicer released her Decision upon Findings allowing South Middlesex Realty
Group, LLC (“SMRG”) to proceed with its applications to the Planning Board to
construct up to 24 units of Active Adult Housing at 45 Nixon Road, Framingham
provided that the applicant complies with all future performance and technical
requirements that may be issued by the Planning Board, Board of Health and
other agencies and authorities with permitting or oversight jurisdiction.
>
> The Mayor’s Decision, issued after two well-attended public hearings on
October 7, 2019, and December 20, 2019, requires that, in addition to seeking
required approvals from City Boards, SMRG seek permission from the owners of 23
Dartmouth Drive, 25 Dartmouth Drive, 39 Nixon Road, 40 Nixon Road, 41 Nixon
Road, 47 Nixon Road, and 50 Nixon Road to monitor their drinking water wells
annually for as long as groundwater is used to supply SMRG’s proposed
development.
>
> SMRG request that the Mayor allow a well or septic system on the site, was
made pursuant to Framingham Zoning Bylaws [Active Adult Housing] Article
V.I.4.d in effect prior to April 16, 2019. The Mayor determined, after
reviewing all of the submissions at the hearing and listening to the
presentations of the applicant and comments and concerns expressed by the
residents, that this approval, again subject to compliance with all future
performance and technical requirements that may be issued by the Planning
Board, Board of Health and other agencies or authorities with permitting or
oversight jurisdiction, is in the best interests of the residents of
Framingham.
>
> The full Decision can be found HERE.
>
>
>
>
> Kathy Vassar
> Nobscot, Framingham
> About/contact Kathy Vassar : http://forums.e-democracy.org/p/Moderator
>
>
> Be sure to read our charter at
http://forums.e-democracy.org/groups/framgov/charter.
>
>
> ------------------------
> Reply: Reply-All or visit
http://forums.e-democracy.org/r/topic/5J1XdDoMxMBe2gchUTbg33

Rest of post

I was wondering the same thing Ned why is this the "Mayors" call.. This city
just gets scarier and scarier with how these things are decided. What a mess we
are in.

Hi Donna,

The administration has done things that surprised me in the past. I can't
figure out why they would weigh in on this.

Water table issues have existed up there for years and it appears this blessing
was given without additional testing.

Scratching my head--once again.

I'm hoping that all of the necessary research was done before this blessing was
offered. I know that the abutters have had multiple issues regarding the
project. I hope they have been addressed.

Cheryl

Cheryl Tully Stoll
6 Sullivan Terrace
Framingham, MA 01701
508-641-4884
<email obscured>

Rest of post

Cheryl, the mayor under our city ordinances is the water and sewer
commissioner and as such what is required to hold hearings and issue a
ruling on the application. DPW and the Board of Health weighed in heavily
on this and has issued some very stringent conditions. The developer will
now have to go before the planning board for a special permit, not a
guarantee either Imo
.

Kathy
<email obscured>
Sent from my tablet

Rest of post

Hi Kathy,

The language that was issued by her office regarding the support did not
reflect any of this.

As a councilor I fought to keep the sewer piece with the City Council so that
there would be public visibility into the decision making.

The NQ Quad was one of my greatest concerns. When I was on the BoS there were
developers trying to manipulate the town into extending the municipal lines so
that they could overdevelop that quad. LOL LOL Didn’t happen on my watch. My
suggestion was that they all get together to pay for expanding service to their
projects. That made them SAD L.

I am very concerned about the aquifer there. We have already had a well dry up,
and Sudbury who is a direct abutter on well water, is having serious shortages
that are so bad we’ve negotiated emergency hookups if needed.

This is not going to end well if that aquifer is relied upon by additional
competing demands.

Cheryl

Rest of post

RE: " The administration has done things that surprised me in the past. I can't
figure out why they would weigh in on this."

To make it clear….It seems that many of the complaints are more about the
charter and the power given the mayor. For those who want to take shots at the
charter and/or the mayor's responsibilities, that is really a separate
discussion better made on another thread.
http://forums.e-democracy.org/groups/framgov/messages/topic/4bNYFANpGfIY1W16Dy1WgY#post-4bNYFANpGfIY1W16Dy1WgY

The process for this type of permit is controlled by the state and state
law/regulations. I'm pretty sure that no one wants to see money spent on
litigation unless warranted.

As for the issue with the well application the initial hearing notice said
(emphasis mine)

"Pursuant to the Framingham Zoning By-Law (Section V.1.4.d), ***the Mayor of
Framingham as the Water and Sewer Commissioner*** for the City of Framingham
will hold a public hearing"….. For the rest go to
>From
<https://www.framinghamma.gov/Calendar.aspx?EID=38254&;month=10&;year=2019&;day=7&;calType=0>

In fact the process is pretty similar as it was under town form of government
where the ***Board of Selectmen*** were the water and sewer commissioners. For
those who did not attend these hearings and follow-up until now they are
available online.

My impression
The hearings were held and sworn testimony was given by the applicant, his
attorney and his consultants. As there appeared to neighbors and me to be many
"inaccuracies" in their statements this could be useful going forward.

My impression having attended the hearings is that the Board of Health and DPW
took the neighbors concerns very seriously. The conditions were drawn up after
these hearings and would seem to dictate what happens with this proposal going
forward. I believe from comments made at the hearing that the Mayor and her
departments understand very clearly the concerns of the neighbors. The
neighbors did an outstanding job presenting their concerns regarding this
proposal - the facts provided by the neighbors were likely very helpful in
determining the conditions.

Residents wells and the future of water in the Northwest Quad is an issue that
is not going away. There will now be hearings with the Planning Board who has
oversight and the applicant will need special permits from that board to get
their project approved. Special permits can give the Planning Board a lot of
control over a project. IMO health and safety concerns are extremely
important. MA gives many rights to developers so, yes, the neighbors will again
have to make their presence felt and provide information/comment at the
Planning Board Hearings which will be set if and when the developer submits his
proposal.

RE "I am very concerned about the aquifer there. We have already had a well dry
up,"

Part of the problem for the NWQ area is that the water is not from an aquifer.
And I only wish that it was only one well that has dried up in the area.
Numerous wells. Watching the recording of the hearing where that was all
documented might be informative for those who missed it. It is a fragile area
of our city that needs to be protected.

NIXON RD - South Middlesex Realty Group, LLC allowed to Proceed

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